S.I. No. 489/2019 - Wireless Telegraphy (400 Mhz Band Licences) Regulations, 2019

1. Definitions

The following additional definitions shall apply to this licence

“Utility Network” means the number and locations of equipment amenable to monitoring or remote control in a Smart Grid network as detailed in the Winning Bidder’s application to participate in the 400 MHz Award process.

2. Minimum rollout requirements

(1) A Network Utility Operator shall, by the seventh anniversary of the commencement of its Licence, work and use spectrum assigned under its Licence for the provision of wireless connectivity for Smart Grid to cover at least 50% of its Utility Network, excluding equipment already adequately connected by existing fixed wireless communications.

3. Reporting of Compliance

(1) The Licensee shall submit to the Commission an annual compliance report on rollout within 28 days of each anniversary of the commencement of the Licence. The Commission reserves the right to publish any information provided by the Licensee, subject to the provisions of ComReg’s guidelines on the treatment of confidential information.

(2) The information required for this annual compliance report shall be agreed with the Commission in advance and the compliance report shall have sufficient detail and granularity to allow the Commission to verify the contents of the Licensee’s annual compliance report.

(3) Failure by the Licensee to submit the annual compliance report to the Commission within the specified time period shall be deemed to be non-compliance by the Licensee with both the reporting obligations and the relevant rollout obligation.

(4) On the seventh anniversary of the licence, using the compliance report the Commission will assess as to whether or not the Licensee has met the relevant rollout obligation specified in Section 2 above. Where the Licensee has failed to meet the relevant rollout obligation, the Licensee shall provide adequate reasons and supporting information for same.

(5) The Commission reserves the right to inspect any Apparatus installed by a Licensee at any time to ensure that the system is configured and operating in accordance with its Licence conditions and the Licensee shall facilitate any such inspections by the Commission within such time as may be specified by the Commission.

Part Five (for spectrum not used for the provision of wireless connectivity for Smart Grid)

Section 1 – Third Party Conditions

(1) Where a 400 MHz Band Licensee allows a third party to keep, possess, install, maintain, work and use apparatus for the purpose of Third Party Radio services in 400 MHz Band spectrum

• the 400 MHz Band Licensee will ensure that the third party complies with the conditions contained within these Regulations and the Schedule 1.

• the 400 MHz Band Licensee may not, without the consent of the Commission (which shall not be unreasonably withheld) assign the Licence or any of the powers, duties or functions conferred by it or otherwise transfer any of the rights or obligations conferred by it.

Section Two - Rollout Conditions

4. Definitions

The following additional definitions shall apply to this licence

“Area” consists of Area 1 (Carlow, Dublin, Kildare, Kilkenny, Laois, Longford, Louth, Meath, Offaly, Westmeath, Wexford, and Wicklow), Area 2 (Clare, Cork, Kerry, Limerick, Tipperary, and Waterford), and Area 3 (Cavan, Donegal, Galway, Leitrim, Mayo, Monaghan, Roscommon and Sligo).

5. Minimum rollout requirements

(1) For each Area, a Licensee shall achieve and maintain 10 Base Stations in each Area by the third anniversary of the Licence using spectrum assigned under its Licence.

(2) Where a Licensee has a Base Station in one Area and this Base Station is worked and used to provide service to another Area, the Base Station will be counted as being worked and used in the Area it serves (and not the Area in which it is located).

(3) Where a Licensee has a Base Station in one county and this Base Station is worked and used to provide services to more than one Area (i.e. the Area in which it is located in and also neighbouring Areas), the Base Station will only be counted as a single Base Station for the purposes of meeting the rollout obligation and the Licensee may chose the Area in which such a Base Station is to be counted for this purpose.

6. Reporting of Compliance

(1) The Licensee shall submit to the Commission an annual compliance report on rollout within 28 days of each anniversary of the commencement of the Licence. The Commission reserves the right to publish any information provided by the Licensee, subject to the provisions of ComReg’s guidelines on the treatment of confidential information.

(2) The information required for this annual compliance report shall be agreed with the Commission in advance and the compliance report shall have sufficient detail and granularity to allow the Commission to verify the contents of the Licensee’s annual compliance report.

(3) Failure by the Licensee to submit the annual compliance report to the Commission within the specified time period shall be deemed to be non-compliance by the Licensee with both the reporting obligations and the relevant rollout obligation.

(4) On the third anniversary of the licence, using the compliance report the Commission will assess as to whether or not the Licensee has met the relevant rollout obligation specified in Section 5 above. Where the Licensee has failed to meet the relevant rollout obligation, the Licensee shall provide adequate reasons and supporting information for same.

(5) The Commission reserves the right to inspect any Apparatus installed by a Licensee at any time to ensure that the system is configured and operating in accordance with its Licence conditions and the Licensee shall facilitate any such inspections by the Commission within such time as may be specified by the Commission.

SCHEDULE 2 – FEES

Reserve Price

(1) The Reserve Price is set out as follows

• The Reserve Price for a Lot used for used for the provision of wireless connectivity for Smart Grid is €240,000 (two hundred and forty thousand Euro).

• The Reserve Price for each Lot not used for the provision of wireless connectivity for Smart Grid is €8,000 (eight thousand Euro).

Spectrum Usage Fees

(2) The annual Spectrum Usage Fees before CPI Adjustment for a Licence shall be the sum of the Spectrum Usage Fees for each Lot included in that Licence. For each Lot included in a Licence, the Spectrum Usage Fee for a one (1) year Licence period is

• €39,000 per Lot plus the “CPI Adjustment” for a 400 MHz Band Licence used for the provision of wireless connectivity for Smart Grid; and

• €1,300 per Lot plus the “CPI Adjustment” for a 400 MHz Band Licence not used for the provision of wireless connectivity for Smart Grid.

(3) All Spectrum Usage Fees will be index-linked to the CPI published by the CSO.

(4) The CPI Adjustment for a Spectrum Usage Fee shall be calculated using the month of the Commencement Date as the common base date for the CPI (i.e. CPI = 100). ComReg will also use the most current CPI data available to it at that time.

GIVEN under the Official Seal of the Commission for Communications Regulation

30 September 2019.

GARRETT BLANEY

Chairperson, Commission for Communications Regulation

The Minister for Communications, Climate Action and Environment consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Communications, Climate Action and Environment.

30 September 2019.

RICHARD BRUTON

Minister for Communications, Climate Action and Environment

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of Radiocommunications Services in the 400 MHz Band, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.

7. (1) The Commission shall enforce compliance with the conditions attached to any Licence in accordance with the Authorisation Regulations.

(2) The Commission may amend any Licence from time to time in accordance with the Authorisation Regulations.

(3) A Licence may be suspended or withdrawn by the Commission in accordance with the Authorisation Regulations.

(4) A Licence may be suspended or withdrawn by the Commission if, after the grant of a Licence pursuant to these Regulations, it emerges that the Licensee has breached the Award Rules.

Licence Fees

8. (1) The fees payable to the Commission for a 400 MHz Band Licence granted on foot of the Award shall consist of a single Spectrum Access Fee and annual Spectrum Usage Fees.

(2) The amount, in Euros, of all Spectrum Access Fees and Spectrum Usage Fees for any Licence shall be determined in accordance with the Information Memorandum and/or the outcome of the Award, and are detailed in Schedule 2 of these Regulations.

(3) The Spectrum Usage Fee for any period of less than one year shall be calculated on a pro rata daily basis for such period.

(4) The Spectrum Usage Fee for any 400 MHz Band Licence shall be calculated on a pro rata daily basis in accordance with the Information Memorandum and with Schedule 2 of these Regulations.

(5) All Spectrum Access Fee and Spectrum Usage Fees, less any applicable adjustments or refunds, shall be paid to the Commission on the dates specified by the Commission, and in the manner specified in the Information Memorandum and in Schedule 2 of these Regulations.

(6) If a 400 MHz Band Licence is suspended or withdrawn, the Licensee shall not be entitled to be repaid any part of the Spectrum Access Fee or Spectrum Usage Fee paid by the Licensee under this Regulation, but shall still be liable to pay any sums, including interest, that are outstanding.

(7) If the amount of radio frequency spectrum specified in a 400 MHz Band Licence is reduced, the Licensee may be entitled to a refund of the relevant Spectrum Usage Fees already paid in the relevant year and to a reduction on future Spectrum Usage Fees, on a pro rata basis having regard to the nature of the amendment. The Licensee shall not be entitled to any refund of its Spectrum Access Fee.

(8) If the duration of a 400 MHz Band Licence is reduced at the request of the Licensee, the Licensee may be entitled to a refund of Spectrum Usage Fees already paid in the relevant year, on a pro rata basis having regard to the reduced duration. The Licensee shall not be entitled to any refund of its Spectrum Access Fee.

(9) Failure by a Licensee to pay a required fee under this Regulation on or before the date it falls due shall constitute non-compliance by the Licensee concerned with these Regulations and the Commission, in respect of such non-payment of a fee, may take enforcement action in accordance with Regulation 7 and may take steps to recover the amount due in accordance with paragraphs 11 and 12 of this Regulation.

(10) Where a fee or part of a fee is not paid in time, the Licensee concerned shall pay to the Commission interest on the fee or part thereof that was or is outstanding. Interest shall accrue from the date when such fee or part thereof fell due until the date of payment of such fee or part thereof and shall be calculated at the same rate payable in respect of late payments in commercial transactions pursuant to the European Communities (Late Payment in Commercial Transactions) Regulations 2012, as amended (

S.I. No. 580 of 2012

).

(11) Any fee payable and owed by a Licensee under this Regulation may be recovered by the Commission from the Licensee as a simple contract debt in any court of competent jurisdiction.

Licensee to satisfy all legal requirements

9. (1) Licences granted pursuant to these Regulations do not grant to the Licensee any right, interest or entitlement other than to keep, have possession of, install, maintain, work and use Apparatus for wireless telegraphy for terrestrial systems capable of providing electronic communications services, in the State.

SCHEDULE 1 – 400 MHz BAND LICENCE

WIRELESS TELEGRAPHY ACT, 1926

Wireless Telegraphy (400 MHz Band Licences) Regulations

The Commission, in exercise of the powers conferred on it by

section 5

of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926) grants the following licence to

[INSERT LICENSEE NAME]

of

[INSERT LICENSEE ADDRESS]

(“the Licensee”). The Licensee is hereby authorised to keep, have possession of, install, maintain, work and use apparatus as specified in Part One of this Licence subject to the Licensee observing the conditions contained in this licence and in the Wireless Telegraphy (400 MHz Band Licences) Regulations, 2019 ( S.I. No. of 2019 ).

This Licence shall come in to effect on

DD/MM/YYYY

and subject to revocation, suspension or withdrawal, expires on

DD/MM/YYYY

.

Signed: ___________________________________________________

For and on behalf of the Commission for Communications Regulation

Date of Issue: _______________________________________________

Part One

Frequency Assigned to Licensee

Frequency Assigned to Spectrum

From _____ MHz to _____ MHz

Part Two

The Apparatus to which this Licence applies

Equipment Description

Manufacturer

Model

Part Three

Apparatus Location and Details

Region

County

Site Identity

Eastings

Northings

Maximum EIRP

Part Four

Licence Conditions

Section One - Technical Conditions

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

4

th October,

2019.

The Commission for Communications Regulation, in exercise of the powers conferred on it by

section 6

(1) of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926) as substituted by

section 182

of the

Broadcasting Act 2009

(No. 18 of 2009), and with the consent of the Minister for Communications, Climate Action and Environment pursuant to

section 37

of the

Communications Regulation Act 2002

(No. 20 of 2002), hereby makes the following Regulations

Citation